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Appellate Report

Appellate Report

The pandemic, and the long hiatus between issues of Atticus which resulted from these trying times, saw the defense community suffer the loss of some of our “best and brightest”. We mourn them all, and the thoughts and prayers of the NYSACDL community are with their families.

Past-President Ben Ostrer, eulogized on page 21 of this issue and honored with a scholarship in his name, was a force to be reckoned with. A pre-eminent scholar and practitioner, Ben pioneered the use of DNA as a defense tool, serving as a Commissioner of the New York State Forensic Science Commission, and lecturing frequently to NYSACDL and other bar associations on the subject. As one of the editors of Atticus, Ben’s loss is acutely felt by the rest of us, and certainly by NYSACDL. His intelligence, humor, and willingness to help anyone anywhere will be sorely missed.

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Past-President Ira London, who passed at the age of 90, was a long time criminal defense practitioner, one of the founding members of NYSACDL back in the 80s. Ira was a fixture in the state and federal courts, primarily in Manhattan, and his office was our NYSACDL home base before the move to the Capital District.

David Goldstein, a former Board member of NYSACDL, was one of the most sought-after defense attorneys in Rockland County. Dave was always there for the younger members, and his smile lit up our annual dinner for years.

Jeremiah Flaherty was a well known practitioner in the Hudson Valley, known for his flashy dress and flashier defenses. Born a city boy in the Bronx, he moved north and established a criminal defense practice in Accord, New York, where he remained.

Lawrence Hochheiser passed away in October, 2022 at the age of 80. Larry began his legal career in 1967 as an A.D.A. in Manhattan under the legendary D.A. Frank Hogan, investigating and prosecuting organized crime cases. In 1971 he entered private practice with the well-known Brooklyn criminal defense firm Evseroff, Newman and Sonenshine. Larry successfully defended a number of high profile figures over the years, including Mickey Featherstone, a member of the “Westies” (sometimes known as the Irish mafia) who was acquitted of murder based on an insanity defense. Several of Larry’s cases were the subjects of books, magazine articles and TV coverage.

Larry was a long time member and supporter of NYSACDL. His son Dan, an accomplished defense lawyer in his own right, carries on Larry’s legacy.

Gerald Shargel was one of the most well-known defense attorneys in the metropolitan area, representing notorious organized crime figures in the federal courts of the Southern and Eastern Districts. For all the posturing and bluster that accompanied his defenses, Gerry was a quiet, humble man whose skill was legendary. Always ready to help the younger and less experienced practitioners, he was a source of information and inspiration to many.

Roland Thau was a long time federal Defender in the Southern District. In the online edition of Atticus, we have published an obituary written by David Patton, the Executive Director and Attorney-in-Charge of the Federal Defenders of New York, where Roland spent virtually his entire career of more than 50 years. Roland was a fighter for all his clients, and respected by prosecutors, judges and defense attorneys alike for his tenacity, his skill, and his humor.

Editors’ Note: We know there are some we’ve missed in this column, and for that we apologize. The NYSACDL community, Board of Directors, and Officers, express our condolences to all those who have suffered losses during these years.

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